Drivers and agents crossing the mīqāt without ihrām

Drivers and agents crossing the mīqāt without ihrām
Questions & Answers

Drivers and agents crossing the mīqāt without ihrām

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  • masjidmuhammad
  • Jul 14, 2021

Question:

Is it permissible for drivers and agents to go to Makkah without an
ihram? They say that it is a haraj (inconvenience) for them.

Answer:

Bearing in mind that drivers and agents have to go several times daily
to Makkah, the ihram ought not to be necessary for them. However,
those who do not go every day, like certain agents, it will be essential
for them to be in ihram.

Na’e Masa’il Aur ‛Ulama’ Ke Faysle:

In present times, traders, office workers, taxi drivers and other similar
workers have to enter the Haram every few days, daily, and some of
them more than once a day. In such a situation, it is extremely difficult
to impose the ihram and the performing of ‛umrah on these people.

Thus, there will be leeway for such people to enter the boundaries of
the Haram without ihram.1

Jadid Fiqhi Mabahith:

Business people of today need to enter and leave the Haram
repeatedly. For example, the people of Makkah have to go repeatedly
to Madinah; and vice versa for the sake of business. If they were

instructed to tie ihram and perform ‛umrah on each occasion, it will
cause immense difficulties for them. The question which comes up is
this: Is there any concession for them from the Shari‛ah?

The answer is that there is no concession for those who go once a
month or once every two months. However, those who go daily or
every week, we see two ways in which they can pass the miqat without
ihram…

The second way: There is a narration of Hadrat ‛Abdullah ibn ‛Abbas
radiyallahu ‛anhu which states that those who bring firewood from
beyond the miqat, workers, traders and others who are earning a
living who have to leave repeatedly are permitted to pass the miqat
without ihram.

This is because if they are imposed to wear the ihram on each
occasion, there is the danger of severe hardships. The narration of Ibn
‛Abbas radiyallahu ‛anhu is quoted in Musannaf Ibn Abi Shaybah, Nukhab
al-Afkar, etc. as follows:

2

Those who submitted articles on this issue hold two views. The
majority of the scholars present – on the basis of necessity and the
experiencing of difficulties – give preference to the view of the
majority of the Imams, and give permission to enter the Haram
without ihram. Their names are as follows:

Maulana Khalid Sayfullah Rahmani
Maulana Muslih ad-Din Barodwi
Maulana Zubayr Ahmad Qasmi
Maulana ‛Aziz Akhtar Qasmi
Maulana Mahbub ‛Ali Wajihi
Maulana ‛Atiq Ahmad Qasmi

Maulana Jamil Ahmad Nadhiri
Maulana ‛Abd al-Qayyum PalanpBri
Maulana As‛adullah Qasmi
Maulana Sultan Ahmad Islahi
Maulana Ishtiyaq Ahmad A‛zami
Maulana Abrar Khan Nadwi
Maulana Muhammad Abrar al-Haqq Qasmi
Maulana Muhammad Nur Qasmi
Maulana Thana’ul Huda Qasmi
Maulana Abu Sufyan Miftahi
Maulana Sadr ‛Ālam Qasmi
Maulana Khursh3d Ahmad A‛zami
Maulana Manzur Ahmad Qasmi
Maulana ‛Abd al-Miftah ‛Ādil
Maulana Akhtar Diya’ Qasmi
Maulana Muhammad ‛Umar Falahi.3

Allah ta‛ala knows best.

reference:

1 Qadi Mujahid al-Islam Sahib Qasmi: Na’e Masa’il Aur ‛Ulama’ Ke Faysle, p. 37.

2 Jadid Fiqhi Mabahith, vol. 13, p. 161, 35, 37.

3 Jadid Fiqhi Mabahith, vol. 13, p. 19.

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